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Federal Register / Vol. 86, No. 178 / Friday, September 17, 2021 / Rules and Regulations
report, 2 establishes a continuing relationship with the consumer, and 3
regularly furnishes information about the consumer to the CRA.5
B. Dodd-Frank Act The Dodd-Frank Wall Street Reform and Consumer Protection Act DoddFrank Act was signed into law in 2010.6 The Dodd-Frank Act substantially changed the federal legal framework for financial services providers. Among the changes, the Dodd-Frank Act transferred to the Consumer Financial Protection Bureau CFPB the Commissions rulemaking authority under portions of the FCRA.7
Accordingly, in 2012, the Commission rescinded several of its FCRA rules, which had been replaced by rules issued by the CFPB.8 The FTC retains rulemaking authority for other rules promulgated under the FCRA to the extent the rules apply to motor vehicle dealers described in section 1029a of the Dodd-Frank Act 9 predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both motor vehicle dealers.10 The rules for which the FTC retains rulemaking authority include the Address Discrepancy Rule, which now applies only to consumer report users that are motor vehicle dealers.11 Consumer report users that are not motor vehicle dealers are covered by the CFPBs rule.12
II. Regulatory Review of the Address Discrepancy Rule On September 15, 2020, the Commission solicited comments on the Address Discrepancy Rule as part of its periodic review of its rules and guides.13 The Commission sought information about the costs and benefits of the Rule, and its regulatory and economic impact. In addition, the Commission proposed to narrow the scope of the Address Discrepancy Rule to motor vehicle dealers excluded from Consumer Financial Protection Bureau jurisdiction as described in the Dodd5 16

CFR 641.1d.
Law 111203 2010.
7 15 U.S.C. 1681 et seq. The Dodd-Frank Act does not transfer to the CFPB rulemaking authority for section 615e of the FCRA Red Flag Guidelines and Regulations Required and section 628 of the FCRA Disposal of Records. See 15 U.S.C.
1681se.
8 77 FR 22200 April 13, 2012.
9 12 U.S.C. 5519.
10 77 FR 22200 April 13, 2012.
11 Id.
12 12 CFR 1022.82.
13 85 FR 57172 September 15, 2020.
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Frank Act.14 The Commission received one comment.15
III. Overview of Final Rule The Commission adopted the Address Discrepancy Rule at a time when it had rulemaking authority for a broader group of consumer report users. While the Dodd-Frank Act did not change the Commissions enforcement authority for the Address Discrepancy Rule, it did narrow the Commissions rulemaking authority with respect to the Rule. It now covers only motor vehicle dealers.16 The amendments in the DoddFrank Act necessitate a technical revision to the Address Discrepancy Rule to ensure the regulation is consistent with the text of the amended FCRA. Accordingly, the Final Rule amends the Address Discrepancy Rule to properly reflect the Rules scope.
The sole commenter on the Rule stated the Address Discrepancy Rule allowed him to discover a case of identity theft involving the misuse of his Social Security number, and argued the Rule should not be changed.17 The Commission agrees no changes other than those required by the Dodd-Frank Act are necessary and the Final Rule makes no further amendments to the existing Rule. Although the Commission is revising the scope of the Rule so it is consistent with the applicable statute, the protections provided to consumers will not change: Users of consumer reports have the same obligations with respect to address discrepancies under the CFPBs corresponding rule as under the FTCs rule.
IV. Paperwork Reduction Act The Address Discrepancy Rule contains information collection requirements as defined by 5 CFR
1320.3c, the definitional provision within the Office of Management and Budget OMB regulations that implement the Paperwork Reduction Act PRA. 44 U.S.C. 3501 et seq.
OMB has approved the Rules existing information collection requirements through December 31, 2021 OMB
Control No. 30840137.
The Final Rule amends 16 CFR part 641. The amendments do not modify or add to information collection requirements previously approved by OMB. The amendments do not make any substantive changes to the Rule, other than to narrow the scope to motor 14 12

U.S.C. 5519.
comment can be found at www.regulations.gov/document/FTC-2020-00650001.
16 15 U.S.C. 1681se1; 12 U.S.C. 5519.
17 John Kahn comment 1, www.regulations.gov/
document/FTC-2020-0065-0001.
15 The
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vehicle dealers. The existing clearance already reflects that change in scope.
Therefore, the Commission does not believe the amendments substantially or materially modify any collections of information as defined by the PRA.
V. Regulatory Flexibility Act The Regulatory Flexibility Act RFA, as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, requires an agency to either provide an Initial Regulatory Flexibility Analysis IRFA with a proposed rule, or certify the proposed rule will not have a significant impact on a substantial number of small entities.18 The Commission published an Initial Regulatory Flexibility Analysis in order to inquire into the impact of the proposed Rule on small entities.19 The Commission received no responsive comments.
The Commission does not believe these amendments have the threshold impact on small entities. The amendments effectuate changes to the Dodd-Frank Act and will not impose costs on small motor vehicle dealers because the amendments are for clarification purposes and will not result in any increased burden on any motor vehicle dealer. Thus, a small entity that complies with current law need not take any different or additional action under the Final Rule. Therefore, the Commission certifies the rule will not have a significant economic impact on a substantial number of small businesses.
Although the Commission certifies under the RFA the rule will not have a significant impact on a substantial number of small entities, and hereby provides notice of that certification to the Small Business Administration, the Commission nonetheless has determined that publishing a final regulatory flexibility analysis FRFA
is appropriate to ensure the impact of the rule is fully addressed. Therefore, the Commission has prepared the following analysis:
A. Need for and Objectives of the Final Rule To address the Dodd-Frank Acts changes to the Commissions rulemaking authority the amendments change the scope of the Rule. With this action, the Commission makes the current scope of the Rule clearer.
18 5

U.S.C. 603605.
FR 57172, 57174 Sept. 15, 2020.

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